36.01 Both parties recognize the importance of access to
leave for the purpose of care for the immediate family.
**
36.02 For the purpose of this article, family is defined as
spouse (or common-law partner residing with the employee), children (including
foster children or children of legal or common-law partner), parents (including
stepparents or foster parents) or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
36.03 Subject to clause 36.02, an employee shall be granted
leave without pay for the Care of Immediate Family in accordance with the
following conditions:
(a) an employee shall notify the Employer in writing as far in advance as
possible but not less than four (4) weeks in advance of the commencement date of
such leave, unless, because of urgent or unforeseeable circumstances, such
notice cannot be given;
(b) leave granted under this clause shall be for a minimum period of three
(3) weeks;
(c) the total leave granted under this article shall not exceed five (5)
years during an employee's total period of employment in the Public Service;
(d) leave granted for a period of one (1) year or less shall be scheduled in
a manner which ensures continued service delivery.
36.04 An employee who has proceeded
on leave without pay may change his or her return to work date if such change
does not result in additional costs to the Employer.
36.05 All leave granted under Leave Without Pay for the
Long-Term Care of a Parent or under Leave Without Pay for the Care and Nurturing
of Pre-School Age Children under the terms of previous Financial Management
collective agreements or other agreements will not count towards the calculation
of the maximum amount of time allowed for Care of Immediate Family during an
employee's total period of employment in the Public Service.
36.06 Transitional
provision
This transitional provision is applicable to employees who have been granted
and have proceeded on leave on or after the date of signature of this agreement.
(a) An employee who, on the date of signature of this agreement, is on Leave
Without Pay for the Long-Term Care of a Parent (Article 38.01(a)) or on Leave
Without Pay for the Care and Nurturing of Pre-School Age Children (Article 36)
under the terms of the agreement expired on November 6, 2001, continues on that
leave for the approved duration or until the employee's return to work, if the
employee returns to work before the end of the approved leave.
(b) An employee who becomes a member of the bargaining unit on or after the
date of signature of this agreement and who is on Leave Without Pay for the
Long-Term Care of a Parent or on Leave Without Pay for the Care and Nurturing of
Pre-School Age Children under the terms of another agreement, continues on that
leave for the approved duration or until the employee's return to work, if the
employee returns to work before the end of the approved leave.
**
37.01 For the purpose of this Article, family is defined as
spouse (or common-law partner residing with the employee), children (including
foster children or children of spouse or common-law partner), parents (including
step-parents or foster parents), or any relative permanently residing in the
employee's household or with whom the employee permanently resides.
37.02 The total leave with pay which may be granted under
this Article shall not exceed thirty-seven decimal five (37.5) hours in a fiscal
year.
**
37.03 Subject to clause 37.02, the Employer shall grant
leave with pay under the following circumstances:
(a) to take a family member for medical or dental appointments, or for
appointments with school authorities or adoption agencies, if the supervisor was
notified of the appointment as far in advance as possible;
(b) to provide for the immediate and temporary care of a sick member of the
employee's family and to provide an employee with time to make alternate care
arrangements where the illness is of a longer duration;
(c) to provide for the immediate and temporary care of an elderly
member of the employee's family;
(d) for needs directly related to the birth or to the adoption of the
employee's child.
**
37.04 Where, in respect of any period of compensatory leave,
an employee is granted leave with pay for illness in the family under 37.03(b)
above, on production of a medical certificate, the period of compensatory leave
so displaced shall either be added to the compensatory leave period, if
requested by the employee and approved by the Employer, or reinstated for use at
a later date.
38.01 Leave without pay will be granted for personal needs
in the following manner:
(a) subject to operational requirements, leave without pay for a period of up
to three (3) months will be granted to an employee for personal needs;
(b) subject to operational requirements, leave without pay for more than
three (3) months but not exceeding one (1) year will be granted to an employee
for personal needs;
(c) an employee is entitled to leave without pay for personal needs only once
under each of sub-clauses (a) and (b) during the employee's total period of
employment in the Public Service. Leave without pay granted under this clause
may not be used in combination with maternity or parental leave without the
consent of the Employer.
39.01 At the request of an employee, leave without pay for a
period of up to one (1) year shall be granted to an employee whose spouse is
permanently relocated and up to five (5) years to an employee whose spouse is
temporarily relocated.
40.01 For the purpose of this Article, immediate family is
defined as father, mother (or alternatively stepfather, stepmother, or foster
parent), brother, sister, spouse (including common-law partner residing with the
employee), child (including child of common-law partner), stepchild or ward of
the employee, grandchild, grandparent, father-in-law, mother-in-law, and
relative permanently residing in the employee's household or with whom the
employee permanently resides.
40.02 When a member of the employee's immediate family dies,
an employee shall be entitled to a bereavement period of five (5) consecutive
calendar days which must include the day of the funeral. During such period the
employee shall be paid for those days which are not regularly scheduled days of
rest for the employee. In addition, the employee may be granted up to three (3)
days' leave with pay for the purpose of travel related to the death.
40.03 An employee is entitled to one (1) day's bereavement
leave with pay for the purpose related to the death of his or her son-in-law,
daughter-in-law, brother-in-law or sister-in-law.
40.04 If, during a period of sick leave, vacation leave or
compensatory leave, an employee is bereaved in circumstances under which he or
she would have been eligible for bereavement leave with pay under clauses 40.02
and 40.03, the employee shall be granted bereavement leave with pay and his or
her paid leave credits shall be restored to the extent of any concurrent
bereavement leave with pay granted.
40.05 It is recognized by the parties that the circumstances
which call for leave in respect of bereavement are based on individual
circumstances. On request, the deputy head of a department may, after
considering the particular circumstances involved, grant leave with pay for a
period greater than and/or in a manner different than that provided for in
clauses 40.02 and 40.03.
41.01 The Employer shall grant leave with pay to an employee
for the period of time he/she is required:
(a) to be available for jury selection;
(b) to serve on a jury;
(c) by subpoena or summons to attend as a witness in any proceeding held:
(i) in or under the authority of a court of justice or before a grand jury,
(ii) before a court, judge, justice, magistrate or coroner,
(iii) before the Senate or House of Commons of Canada or a committee of the
Senate or House of Commons otherwise than in the performance of the duties of
his/her position,
(iv) before a legislative council, legislative assembly or house of assembly,
or any committee thereof that is authorized by law to compel the attendance of
witnesses before it,
or
(v) before an arbitrator or umpire or a person or body of persons authorized
by law to make an inquiry and to compel the attendance of witnesses before it.
42.01 Where an employee participates in a personnel
selection process, including the appeal process where applicable, for a position
in the Public Service, as defined in the Public Service Labour Relations Act,
he/she is entitled to leave with pay for the period during which his/her
presence is required for purposes of the selection process, and for such further
period as the Employer considers reasonable for him/her to travel to and from
the place where his/her presence is so required. This clause applies equally in
respect of the personnel selection processes related to deployment.
43.01 Education Leave Without Pay
(a) The Employer recognizes the usefulness of education leave. Upon written
application by the employee and with the approval of the Employer, he/she may be
granted education leave without pay for varying periods of up to one (1) year,
which can be renewed by mutual agreement, to attend a recognized institution for
studies in some field of education in which preparation is needed to fill
his/her present role more adequately or to undertake studies in some field in
order to provide a service which the Employer requires or is planning to
provide.
(b) At the Employer's discretion, an employee on education leave without pay
under this clause may receive an allowance in lieu of salary of up to one
hundred per cent (100%) of his/her annual rate of pay, depending on the degree
to which the education leave is deemed, by the Employer, to be relevant to
organizational requirements. Where the employee receives a grant, bursary or
scholarship, the education leave allowance may be reduced. In such cases, the
amount of the reduction shall not exceed the amount of the grant, bursary or
scholarship.
(c) Allowances already being received by the employee may at the discretion
of the Employer be continued during the period of the education leave. The
employee shall be notified when the leave is approved whether such allowances
are to be continued in whole or in part.
(d) As a condition of the granting of education leave without pay, an
employee shall, if required, give a written undertaking prior to the
commencement of the leave to return to the service of the Employer for a period
of not less than the period of the leave granted.
(e) If the employee:
(i) fails to complete the course;
(ii) does not resume employment with the Employer on completion of the
course;
or
(iii) ceases to be employed, except by reason of death or lay-off, before
termination of the period he/she has undertaken to serve after completion of the
course;
he/she shall repay the Employer all allowances paid to his/her under this
clause during the education leave or such lesser sum as shall be determined by
the Employer.
43.02 Professional Development Leave With Pay
(a) Professional development refers to an activity which in the opinion of
the Employer is likely to be of assistance to the employee in furthering the
employee's professional development and to the organization in achieving its
goals. The following activities shall be deemed to be part of professional
development:
(i) a course offered by a recognized academic institution;
(ii) workshops, short courses, seminars or study sessions related to the
employee's field of specialization;
or
(iii) research in the employee's field of specialization not specifically
related to his/her assigned work projects, when in the opinion of the Employer,
such research is needed to enable the employee to fill his/her present role more
adequately.
(b) Upon written application by the employee, and with the approval of the
Employer, professional development leave with pay may be given for any one of
the activities described in paragraph (a) above. The employee shall receive no
compensation under the Overtime and Travelling Time Articles during time spent
on professional development leave provided for in this clause.
(c) Employees on professional development leave shall be reimbursed for all
reasonable travel and other expenses incurred by them which the Employer may
deem appropriate.
43.03 Attendance at Conferences and Conventions
(a) An employee shall have the opportunity, subject to operational
requirements and budgetary constraints as determined by the Employer, to attend
conferences, conventions or symposia related to his/her field of specialization
in order to benefit from an exchange of knowledge and experience with his/her
professional colleagues. The Employer may grant leave with pay and reasonable
expenses, including registration fees, to attend such gatherings.
(b) An employee who attends a conference or convention at the request of the
Employer to represent the interests of the Employer shall be deemed to be on
duty and, as required, in travel status.
(c) An employee invited to participate in a conference or convention in an
official capacity such as to present a formal address or to give a course
related to his/her field of employment, may be granted leave with pay for this
purpose and may, in addition, be reimbursed for his/her payment of registration
fees and reasonable travel expenses.
(d) An employee shall not be entitled to any compensation under Article 19,
Overtime, in respect of hours he/she is in attendance at a conference or
convention under the provisions of this clause.
(e) Compensation shall not be paid under Article 24, Travelling Time, in
respect of hours travelling to or from a conference or convention under the
provisions of this clause, unless the employee is required to attend by the
Employer.
43.04 Examination Leave With Pay
Examination leave with pay may be granted to an employee for the purpose of
writing an examination which takes place during his/her scheduled hours of work.
Such leave will only be granted where, in the opinion of the Employer, the
course of study is directly related to his/her duties or will improve his/her
qualifications.
**
44.01 Personal Leave
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, a single period of up to seven and half (7.5)
hours of leave with pay for reasons of a personal nature.
(b) The leave will be scheduled at a time convenient to both the employee and
the Employer. Nevertheless, the Employer shall make every reasonable effort to
grant the leave at such time as the employee may request.
**
44.02 Volunteer Leave
(a) Subject to operational requirements as determined by the Employer and
with an advance notice of at least five (5) working days, the employee shall be
granted, in each fiscal year, a single period of up to seven and half (7.5)
hours of leave with pay to work as a volunteer for a charitable or community
organization or activity, other than for activities related to the Government of
Canada Workplace Charitable Campaign;
(b) The leave shall be scheduled at a time convenient to both the employee
and the Employer. Nevertheless, the Employer shall make every reasonable effort
to grant the leave at such time as the employee may request.
44.03 At its discretion, the Employer may grant:
(a) leave with pay when circumstances not directly attributable to the
employee prevent his/her reporting for duty; such leave shall not be
unreasonably withheld;
(b) leave with or without pay for purposes other than those specified in this
Agreement.
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